SUBHASH CHAND Vs. PARKASH ENTERPRISES AND ORS.

JUDGEMENT

(1.) In the present case, the petitioner had raised an industrial dispute on the ground that his services have been illegally terminated by his Management. The said dispute was referred to for adjudication to the Presiding Officer, Labour Court and was registered as ID No.1158/2001.

(2.) The petitioner, thereafter, filed an execution application for execution of the said award before the Deputy Labour Commissioner and the Labour Commissioner. He also furnished an affidavit dated 07.07.2008 before the Labour Commissioner during the pendency of execution application. The Labour Commissioner passed an order dated 26.09.2008, whereby it had ordered the recovery of a sum of Rs. 7643 from the respondent-employer of the petitioner. It was also observed that the new address of the Management had been supplied by the workman through his affidavit and the recovery be effected from there and the amount be recovered as land revenue under Section 33C(1) of Industrial Disputes Act, 1947 and on recovery of the amount the cheque/draft be made in the name of the workman and be sent for payment to his office. The petitioner has challenged the said order vide this writ petition before this Court.

(3.) It is submitted that despite the award in his favour, the petitioner could not be reinstated since the respondent had reportedly closed/sold his factory, i.e., M/s Prakash Enterprises, C-273, Maya Puri Industrial Aria Phase-I, New Delhi-110064, but they had started another factory in Kirti Nagar Industrial Area, New Delhi, wherein they were functioning under a different name and style as M/s RGH Exports 53A/1, Rama Road and this fact had been mentioned by him in his affidavit dated 07.07.2008, but the said affidavit was got misplaced and he had to submit the copy of the said affidavit along with the fresh application. It is submitted that the Management had been managing the recovery certificate, i.e., the impugned order and therefore the same be stayed. It is further submitted that the respondent be directed to reinstate him and the award be modified and the quantum of back wages be increased from 5% of last drawn wages to 100% of last drawn wages at current rate of minimum wages which has not been paid to this petitioner till date. It is also prayed that respondents be directed to release his withheld wages for the period 01.08.1999 till 08.09.1999 at the rate of minimum wages of Machineman and his withheld leave salary of Machineman's post for one year .i.e. for 1998 to 1999, at current minimum wages and also the bonus for the said period be also ordered to be released to him.